Apple terms violated GDPR, German court rules

Germany

03/13/2019

Global Data Review

A Berlin court has barred Apple from using certain terms contained in its 2011 privacy policy in the future because they violate the GDPR.

According to a ruling made public on 22 February, Berlin’s Court of Appeals ruled in December that seven clauses from the 2011 policy violate the GDPR. The new regulation applies to old terms as a plaintiff consumer association had asked the court to assess what terms Apple can put in its privacy policy in future, and because, according to the court, the company’s current privacy policy contains similar language to the 2011 version.

The court added that the policy also violated Germany’s pre-GDPR regime.

The court said that the clauses gave the impression that Apple was entitled to process personal data without consent in situations where the GDPR requires it, including when the company discloses personal data to third parties, and when it evaluates location data for promotional purposes.

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